W. A. Morgan & Bros. v. Missouri, Kansas & Texas Railway Co.
Texas Supreme Court
Error to the Court of Civil Appeals for the Fourth District, in an appeal from Fayette County. Morgan & Bros, sued the railway company for loss of cotton by fire and recovered judgment. This, on defendant's appeal, was reversed and rendered in its favor, whereupon Morgan & Bros, obtained writ of error.
1Opinion of the CourtChief Justice Phillips
The suit was one for damages for the destruction of certain cotton belonging to the plaintiffs in' error, Morgan & Bros., by fire charged to have been caused by sparks from an engine operated by the defendant in error.
• This is the second appeal of the case. The first trial resulted favorably for the defendant. On the appeal, the Court of Civil Appeals for the First District, while disapproving the form of the special charge of the plaintiffs which requested its submission, held that the issue of discovered peril was presented. 110 S. W., 978. On the second trial, it was charged upon in…
2Cases cited11 opinions
- Texas & Pacific Railway Co. v. BreadowTexas Supreme Court · 1896
- H. & T. C. R'y Co. v. SympkinsTexas Supreme Court · 1881
- McDonald v. International & Great Northern Railway Co.Texas Supreme Court · 1893
- Martin, Wise & Fitzhugh v. Texas & Pacific Railway Co.Texas Supreme Court · 1894
- W. A. Morgan & Bros. v. Missouri, Kansas & Texas Railway Co.Court of Appeals of Texas · 1908
6 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Wilson v. Southern Traction Co.Texas Supreme Court · 1921
- Reserve Trucking Co. v. FairchildOhio Supreme Court · 1934
- Northern Texas Traction Co. v. HillCourt of Appeals of Texas · 1927
- Texas & N. O. Ry. Co. v. WagnerCourt of Appeals of Texas · 1923
- San Antonio & A. P. Ry. Co. v. SingletaryCourt of Appeals of Texas · 1923
22 more not listed; retrieve them via the Exa API.